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CITe .OF SAN BERNARDI~
File No. 15.30-279 ~
- REQU~T FOR COUNcn.,
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From: ROGER G. HARDGRAVE. Di recto\lEC'D. - ADMIN. Oililect:
Dept: Public Works /Engineering 1989 JlJN 26 AM 10: 20
Date: June 20. 1989
Street Vacation and Protest Hearing
10:00 am and Resolution Ordering
Vacation: frontage road. West of .
Waterman Avenue. South of Caroline
Street
Synopsis of Previous Council action:
03/20/89 --- Authorization to proceed was given. and Plan No. 7726 was approved.
06/05/89 --- Negative Declaration was adopted and a Finding of consistency with
the General Plan was made.
06/05/87 --- Resolution of Intention No. 89-172 was adopted. which sets a
public hearing date of 07/17/89 for the proposed vacation of the
frontage road West of Waterman Avenue. South of Caroline Street,
per attached Plan No. 7726.
Recommended motion:
1. That the hearing be closed and the Findings of Fact as set forth in the Staff
Report from Roger G. Hardgrave. Director of Public Works/City Engineer as to
why the frontage road. West of Waterman Avenue. South of Caroline Street. is
no longer necessary for street purposes. be adopted.
2. Adopt Resolution. .
cc: Marshall Julian. City Administrator
Jim Richardson. Deputy City Administrator/Development
James Penman. City Attorney
Anne DeBo 1t
Contact person:
. Staff Report. Resolution. Map
Supporting data attached:
Phone:
5328
3
Ward:
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No,)
(City initiated)
(Acct. Description)
Finance:
Council Notes:
06/20/89
7580262
Agenda Item No
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CI~ OF SAN BERNARDQO - REQuQT FOR
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COUNCIL AOrION 1
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STAFF REPORT
This request to vacate. the frontage road. West of Waterman. South of Caroline. was
initiated by the City of San Bernardino. The City is planning to signalize the
intersection of Waterman Avenue and Caroline Street. making ingress and egress to the
frontage road a definite safety hazard. On 03-20-89. authorization to proceed with
the proposed vacation was given. and Plan No. 7726 was approved.
Utility companies and City departments were notified of the proposed vacation on 03-
21-89. with a reply due by 04-21-89. No negative comments were received. On 06-05-
89. Resolution No. 89-172 was adopted. reserving easements for storm drain facilities
and traffic signal equipment and appurtenant facilties. along with a reservation of an
easement for public utility purposes. That resolution sets a public hearing date of
07-17-89. On 06-28-89. the Resolution of Intention was published in a local
newspaper. and Notices were posted in the area proposed for vacation. Property owners
adjacent to the proposed vacation were notified by ,mail of said hearing.
On 06-05-89. a Negative Declaration was adopted for the proposed vacation. and a
finding of consistency with the General Plan was made.
There appears to be no further necessity for said frontage road. for either present or
future street purposes. Staff recommends the vacation on the basis of the following
Findings of Fact:
1. The aboye portion of the street has been determined by the Department of Public
Works to be of no further necessity to the general public:
a) Negative Declaration was adopted. and consistency with the General Plan was
found.
b) Traffic entering and leaving the frontage road will create a hazard upon
signalization of the adjoining intersection.
2. The required $400.00 fee has been waived as this was a City initiated, proceeding.
a) Through informal meeti ngs wi th both property owners affected by the proposed
vacation (The Sunset Group and the City of Riverside). concern has been
expressed by the City of Riverside regarding the access to their property
(see enclosed Plan No. 7726). The Sunset Group. which is in the process of
developing the property adjacent to the proposed vacation. has provided
access. by dedicated alley. across their property for the City of Riverside.
3. All of the interested City Departments and Utility Companies were notified of the
proposal and all have had the opportunity to respond. Resef"rations of easements
for storm drain facilities and traffic signal equipment and appurtenant facilities
was requested by the City of San Bernardino. along with a reservation of an
easement for public util ity purposes. The City of Riverside has requested an
easement for water lines over the entire area. and the same has been provided for
in the Resolution of Intention.
Therefore. we have attached the said Resolution Ordering Vacation for your action.
06/20/89
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DIRECTOR OF PUILIC KS ICITV INSINlER
Pr.pap.4 b'l~ Sh..t
Ch.cll.4 b, I i of 1
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ARIA VACATED SHONN THUS
fiLE NO.I/6'.30- '/
PLIlIN NO.1 772.
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CITY OF SAN BERNARDINO
PUllLIC NORKB DEPARTMENT
S--.ERING DIVISION
R&AL. ....OP'"""' I Y SECTION
STREET I ALLEY VACM'ION I
V"~TIO"" OF FJltWn9.~ R.DA-D--
war D' WAT'ERMAAI AV."'U-1
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE VACATION
OF THAT CERTAIN FRONTAGE ROAD. WEST OF WATERMAN AVENUE. SOUTH OF CAROLINE
STREET. IN THE CITY OF SAN BERNARDINO AND RESERVING EASEMENTS THEREIN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council of the City of San
Bernardino. having heard the evidence offered in relation to the proposed
vacation of that certain frontage road. West of Waterman Avenue. South of
Caroline Street. more particularly described in City Resolution of Intention
No. 89-172. hereby find from all of the evidence submitted that such
street proposed to be vacated by said Resolution is unnecessary for present
or prospective street purposes.
SECTION 2. The Mayor and Common Council of said City do hereby
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vacate that certain frontage road. West of Waterman Avenue. South of
San
Bernardi no.
California. more particularly described
as follows:
That portion of Waterman Avenue. lying within Lot 4.
Block 65 of Rancho San Bernardino. as per plat thereof.
recorded in Book 7 of Maps. Page 2. Records of San
Bernardino County. State of California. described as
follows:
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Commencing at the intersection of the centerlines of
Waterman Avenue and Caroline Street; thence South 89. 47'
49" West. along the centerline of said Caroline Street. a
distance of 195.09 feet; thence South 00. 12' 11" East~ a
distance of 30.00 feet to the South line of said Caroline
Street. said point also being the True Point of
Begi nning; thence South 00. 01' 25" East. a di stance of
40.00 feet; thence South 360 14' 39" East. a distance of
160.77 feet to a point 100.00 feet Westerll of the
centerline of Waterman Avenue; thence South 00 01' 25"
East and parallel with said centerline of Waterman
Avenue. a distance of 290.48 feet; thence South 03. 29'
II" West. a distance of 256.64 feet; thence South 89. 47'
. -0'
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06-20-89
STREET VACATION: FRONT<=) ROAD. WEST OF<:)rERMAN. SOUTH OF CAROLINE
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54" West. a distance of 49.66 feet; thence South 000 01'
25" East a distance of 110.00 feet; thence North 890 47'
54" East. a distance of 85.00 feet; thence North 040 39'
41" East. a distance of 367 .30 feet to a poi nt 50.00 feet
Westerly of Waterman Avenue; thence North 000 01' 25"
West and parallel with said centerline of Waterman
Avenue. a distance of 375.79 feet; thence North 050 20'
55" West. a distance of 60.19 feet; thence North 470 46'
33" West. a distance of 36.91 feet; thence South 890 47'
49" West. parallel with the centerline of said Caroline
Street. a distance of 112.09 feet to the True Poi nt of
Beginning.
And is also described in said Resolution of Intention No. 89-172.
SECTION 3. This Resolution shall reserve. and nothing herein
shall in any way affect or disturb any existing easements for public
utility purposes belonging either to the City of San Bernardino or to
any pUblic utility and there is hereby reserved for the City of Riverside.
an easement and right at any time. or from time to time to construct.
maintain. operate. replace and renew one or more pipelines and appurtenances
thereto. for the transportation of water. and for incidental purposes.
inclUding the right of ingress and egress thereto. and an easement for
Pacific Bell and Southern California Edison to construct. place. operate.
inspect. maintain. repair. replace and remove such aerial and underground
telephone. telegraph and communication structures and electrical
transmission structures respectively. as the companies may from time to time
require. consisting of poles. anchors. wires. cables. conduits. manholes.
markers and necessary fixtures and appurtenances. There is also
specifically reserved for the City of San Bernardino. an easement in. over.
under and across the North twenty-five feet (25') of the proposed area of
vacation. as measured at right angles to the North line thereof. for street
light and storm drain purposes and all appurtenant facilities.
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06-20-89 28
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STREET VACATION: FRONTO ROAD. WEST OF OERMAN. SOUTH OF CAROLINE
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SECTION 4. The City Clerk of the City of San Bernardino shall
cause a certified copy of this resolution to be recorded in the office of
the County Recorder of the County of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting thereof held on the
day
of
. 19 . by the following vote. to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
. 19
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W. R. Holcomb. Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
BY~
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CITY OF ADMINISTRATIVE SERVICES DEPARTMENT
3900 Main Street . Riverside, California . 92522
ItECEIVED-Crry CLER/<
"89 ..
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LAWRENCE E. PAULSEN
Administrative Services Director
Administration
Property Services
714/782-5555
714/782-5461
July 14, 1989
Honorable Mayor and Members of the Council
City of San Bernardino
City Ha 11
300 North "D" Street
San Bernardino, CA 92418
Subject: Vacation of a Frontage Road, West of Waterman Avenue and South of
Carol ine
Gentlemen:
The City of Riverside has for numerous years owned a 6.9 acre parcel west of
Waterman Avenue adjacent to the Southern Pacific Railroad. Located on the
property are wells, pipelines, and appurtenances to the City's water
system. In recent years, we have cooperated with SP COlllllercial
Developments, Carol ine Plaza Ltd., and Mervyn Simchowitz by sell ing two
portions of the property and leasing a substantial portion of the remainder
for parking in connection with the development of the cOlllllercial center.
Notwithstanding these private uses of the property, the City of Riverside
will continue to maintain vital portions of the City's water system on the
property.
By your action on June 5, 1989, you have informed the City of Riverside of
your intent to vacate the Waterman Avenue frontage road which provides legal
access to our property. On behalf of the City of Riverside, I hereby object
to such vacation on the basis that future uses of the property will be
restricted thereby reducing its market value.
We have had numerous discussions with the developers who plan to use the
street for parki ng purposes, if vacation is approved, and also with the
Public Works Department of the City of San Bernardino. If the following
conditions are met, the City of Riverside will remove its objections:
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1. Blanket easements must be reserved for the City of Riverside across the
entire frontage road proposed for vacation as follows:
a. An easement for the operation and maintenance of an existing water
well.
b. An easement for the construction, operation, maintenance and repair
of an existing and any future water pipelines.
c. An easement for ingress and egress from Caroline Street to the
property owned by the City of Riverside.
Such easements are to contain a provision that prior to commencement of
any construct ion withi n such vacated frontage road, the plans therefor
must first be submitted to and approved by the City of Riverside by its
Director of Public Utilities.
2. That in order to provide equivalent public access to the City of
Riverside's property, the developer will dedicate and the City of San
Bernardino wi 11 accept a publ ic street of sufficient width to
accommodate future construct ion of a 36 foot curb to curb width street
(equal to that being vacated) in the first parking lot aisle west of the
existing 20 foot public alley leading from Caroline Street to the
property of the City of Riverside.
The improvement of such street may be deferred indefinitely until such
time as it is requested by the City of Riverside for future development
of its property. Upon such request, the City of San Bernard ino wi 11,
within six months of such request, install the 36 foot curb to curb
street improvements.
Further, upon dedication and acceptance of such new street right-of-way,
the existing 20 foot public alley easement between Caroline Street and
the City of Riverside's property may be vacated.
In the event the City of San Bernardino finds that the public interest will
be served by appro vi ng the vacat ion of the frontage road, the City of
Riverside respectfully requests that the above conditions be incorporated in
the vacation approval.
Thank you for the opportunity of presenting our views in this matter.
Very truly yours,
M. Wi am Holsinger
Real Property Services Mana
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MWH/2080Y/b